Hey there! Sign in to join this conversationNew here? Join for free
    • Thread Starter
    Offline

    7
    ReputationRep:
    If someone throws a punch but misses, or throws a glass at someone but misses, would this constitute an assault or a battery? This being under trespass to the person.

    Thanks!
    • Thread Starter
    Offline

    7
    ReputationRep:
    Please someone help me out
    Offline

    3
    ReputationRep:
    Assault - ''an act which causes another person to apprehend the infliction of immediate, unlawful force on his person'' (Collins v Wilcock).

    Look at Stephens v Myers, where D has made a violent gesture towards C by waiving his clenched fist, but was prevented from reaching him by intervention of third parties - the action still succeeded. Or R v St George (similar situation).
 
 
 
  • See more of what you like on The Student Room

    You can personalise what you see on TSR. Tell us a little about yourself to get started.

  • Poll
    What's your favourite Christmas sweets?
  • See more of what you like on The Student Room

    You can personalise what you see on TSR. Tell us a little about yourself to get started.

  • The Student Room, Get Revising and Marked by Teachers are trading names of The Student Room Group Ltd.

    Register Number: 04666380 (England and Wales), VAT No. 806 8067 22 Registered Office: International House, Queens Road, Brighton, BN1 3XE

    Quick reply
    Reputation gems: You get these gems as you gain rep from other members for making good contributions and giving helpful advice.